Assurances

Under the provisions of the Higher Education Support Act 2003 (HESA) and the associated Higher Education Provider Guidelines LCI Melbourne (the First Provider) is required to provide a tuition assurance arrangement for Australian citizens or holders of an Australian permanent humanitarian visa who are enrolled in higher education courses it offers. This requirement is to protect students in the event that LCI Melbourne ceases to provide a course of study in which a student is enrolled. The meaning of the term ‘ceasing to provide a course of study’ is set out in the HEP Guidelines here.

LCI Melbourne also has tuition assurance arrangements in place for overseas students through the Commonwealth Government's Tuition Protection Scheme, under the Education Services for Overseas Students Act 2000 (ESOS Act).

In the event that LCI Melbourne ceases to provide a course of study in which a student is enrolled the student is entitled to a choice of:

a) An offer of a place in a similar course of study with a Second Provider without any requirement to pay the Second Provider any student contribution or tuition fee for any replacement units (this is known as the ‘Course Assurance Option’);

OR

b) A refund of his or her upfront payments for any unit of study that the student commences but does not complete because LCI Melbourne ceases to provide the course of study of which the unit forms part (this is known as the ‘Student Contribution/Tuition Fee Repayment Option’) LCI Melbourne has met the tuition assurance requirements of the HESA and ESOS Acts through its current membership of the Council of Private Higher Education (COPHE) TDA Higher Education Tuition Assurance Scheme (for domestic students) and through the Commonwealth's Tuition Protection Service (for international students).

The course/s of study for which LCI Melbourne has TPS coverage and COPHE TDA Higher Education TAS membership is/are:

• LCI Melbourne (the First Provider) Course 

Qualification to which LCI Melbourne Course leads:

• Bachelor of Design Arts incorporating an Associate Degree of Design Arts
• Bachelor of Design Arts Associate Degree of Design Arts

More information about the TPS for international students is available at tps.gov.au.

The following procedure will apply to domestic students:

If LCI Melbourne ceases to provide a course of study, COPHE/TDA will send a student enrolled in the course of study a Written Tuition Assurance Offer (the Offer) advising the student of the options available under the tuition assurance requirements. The Offer will include directions that the student must follow in order to notify the relevant organisation of the choice they have made for each affected unit. COPHE/TDA will provide this Offer within twenty business days after it knows, or should know by reasonable inquiries that LCI Melbourne has ceased to provide the course of study.

A student may choose either:

a) The Course Assurance Option:

If a student accepts a place in a course offered by COPHE/TDA as named above, COPHE/TDA will offer the student the option of COPHE/TDA making all necessary arrangements to ensure a student is able to enrol in a similar course of study with a Second Provider. This offered course will lead to the same or a comparable qualification without any requirement on the part of the student to pay that Second Provider any student contribution or tuition fee for any replacement units. A student will receive full credit from the Second Provider for any units of study successfully completed at LCI Melbourne.

The Second Provider nominated by COPHE/TDA may have different contribution amounts or tuition fees to the amounts or fees the student would have paid for units of study that were part of the course of study LCI Melbourne ceased to provide.

A student is not obliged to enrol in a course of study with a Second Provider offered by COPHE/TDA under the Course Assurance Option. However, if the student enrols with any other provider there is no obligation on that provider to offer full credit transfer for the units of study completed with LCI Melbourne or to offer a replacement/s unit free of charge. tps.gov.au

b) The Student Contribution/Tuition Fee Repayment Option:

If a student chooses the Student Contribution/Tuition Fee Repayment Option COPHE/TDA undertakes to pay the student the total of any upfront payments already paid by the student for any units of study the student has commenced but not completed. Eligible students selecting this option will also get their FEE-HELP balance/s re-credited for uncompleted units.

Contact details for COPHE are:

Suite 244, Level 4, 813 Pacific Highway,
Chatswood NSW 2067
Fax: +61 2 8021 0843
Website: www.cophe.edu.au

INTRODUCTION

• Tuition assurance protects students in the event a course of study provided by an approved HELP provider ceases to be provided after it starts but before it is completed.
• As an approved higher education provider under the Higher Education Support Act 2003, LCI Melbourne ABN: ABN 97 585 592 579, CRICOS No. 02201G, HEP No. 4396 must meet the tuition assurance requirements or be exempt from those requirements.
• It is intended that, from 1 January 2018, LCI Melbourne will be exempted from the requirement to meet the tuition assurance requirements. Instead, LCI Melbourne is required to comply with interim arrangements which ensure similar tuition assurance protection is provided to students.
• This statement sets out the interim arrangements for tuition assurance that will apply from 1 January 2018 and LCI Melbourne’s obligations from that date.
• If any changes occur to the proposed arrangements outlined below, a revised statement will be provided on LCI Melbourne’s website and advised to all students that have enrolled in the intervening period.

WHAT IF LCI MELBOURNE CEASES TO PROVIDE A COURSE OF STUDY?

INFORMATION FOR AFFECTED STUDENTS

• LCI Melbourne will notify affected students in writing that a course of study is no longer provided within 2 business days after LCI Melbourne ceases to provide the course.
• As soon as practicable, LCI Melbourne will also update its website to reflect that the course is no longer being delivered and to give students information about the tuition assurance arrangements.
• Affected students may choose either course assurance arrangements or apply to LCI Melbourne for a re‐credit of their HELP balance.

COURSE ASSURANCE

• The Commonwealth Department of Education and Training (the Department) (or a consultant engaged by the Department) will work with affected students to identify a replacement course and arrange for students to be placed with a second provider.
• Replacement courses must meet the following requirements:
  
  • the course must lead to the same or comparable qualification as the original course;
  • the mode of delivery of the replacement course must be the same as or, with the student’s consent, similar to the mode of delivery for the original course;
  • the location where the replacement course is primarily delivered must be reasonable, having regard to the costs of, and the time required for, a student’s travel; and
  • the student will not incur additional fees that are unreasonable and will be able to attend the replacement course without unreasonable impacts on the student’s prior commitments.
• Affected students will be offered a replacement course and may seek a review about whether the course offered to them meets the requirements for replacement courses.
• A student who accepts the replacement course offered will not be required to pay the second provider for the replacement components of the replacement course. However, the fees payable for the remainder of the replacement course may be different from the fees payable for the original course.
• The student will also receive course credits for parts of the original course successfully completed by the student, as evidenced by a copy of a statement of attainment or other Australian Qualifications Framework certification document issued by the course provider or an authorised issuing organisation in accordance with the Australian Qualifications Framework.
• Each affected student will have a period of six (6) months in which to accept the replacement course offer. The Department may extend that period in circumstances that justify an extension.
• If an affected student enrols in a course that is not a replacement course, the student may be required to pay additional tuition fees, and might not receive the course credits the student would have received if the student had enrolled in a replacement course.

RE-CREDIT OF HELP BALANCE

• Where the student prefers to apply for a re‐credit of their HELP balance for the affected parts of the original course, the student may nominate the Department (or a consultant engaged by the Department) to make the application on the student’s behalf.
• LCI Melbourne will consider students’ applications as soon as practicable and notify them of the decision about the application, together with a statement of reasons for the decision. If an application for a re‐credit is accepted, the amount re‐credited will be equal to the amount of HELP assistance received by the student for the affected units of study.

RECORD KEEPING

• It is suggested best practice for students to retain assessments, records of competencies or statements of attainment that they receive from their education provider.

REFUNDS RESULTING FROM COURSE CANCELLATION

LCI Melbourne will refund, within 14 days, all fees where LCI Melbourne cancels the course or where the commencement of the course is postponed more than one semester.

REFUNDS RESULTING FROM STUDENT WITHDRAWALS

A student withdrawing from a course or units of study, whether before or after the census date, should give written notice of their withdrawal, the reason/s why and any supporting documentation to the Registrar. Students wishing to alter their enrolment should complete the Student Enrolment Variation form. Students wishing to withdraw from the course entirely should complete the Notification of Student Withdrawal form. Both forms are available from the front desk on campus, alternatively contact student experience here.

WITHDRAWAL BEFORE THE CENSUS DATE

Where a student withdraws from a course prior to the census date, any upfront tuition fees already paid to LCI Melbourne will be refunded as follows:

• From enrolment until two weeks after commencement, a full refund of any tuition fees paid minus a withdrawal fee of $50 per unit.
• From two weeks after commencement until the census date, a full refund of any tuition fees paid minus a withdrawal fee of $100 per unit.

Students who have applied for FEE-HELP assistance will not incur a FEE-HELP debt for their current units if they withdraw before the census date but will be liable for a withdrawal fee as follows:

• Withdrawal from enrolment until two weeks after commencement - $50 per unit.
• Withdrawal from two weeks after commencement until the census date - $100 per unit.

Notification of Withdrawal forms will not be accepted for processing unless accompanied by the applicable withdrawal fee. This amount will be calculated upon the date on which the form, with accompanying payment, is accepted for processing. Students who have already paid upfront tuition fees may elect to have the withdrawal fee deducted from the balance due to be refunded.

HOW TO APPLY FOR A REFUND

A refund application is included in the Notification of Withdrawal form. Once the form is accepted for processing (see above), in accordance with the provisions of this policy on tuition fee refunds LCI Melbourne will, within 28 days of receipt of written notification, refund fees paid.

CANCELLATION OF ENROLMENT ARISING FROM STUDENT DEFAULT

A cancellation fee of 100% of the current semester fee applies where a student’s enrolment is cancelled for any of the following reasons:

• Failure to maintain satisfactory course progress
• Failure to pay course fees
• Behaviour in breach of LCI Melbourne’s Student Code of Conduct, published in the Student Handbook.

LCI Melbourne reserves the right to withhold granting the Award attained by the student if their fees remain outstanding. If a student wishes to appeal a decision regarding their application for a refund they should contact student experience here for LCI Melbourne’s Grievance Procedures: Non-Academic Matters.

This policy applies to all international students that are commencing, continuing students and those who have been offered a place at LCI Melbourne. It should be read in conjunction with the written agreement signed by the individual student on enrolment. Tuition fees are set annually and enrolled students are invoiced at the applicable rate for each year of their course. LCI Melbourne reserves the right to withhold issuing of transcripts or the granting of the Award attained by a student if their fees remain outstanding.

REFUNDS RESULTING FROM COURSE CANCELLATION

LCI Melbourne will refund, within 14 days from the default date, all fees where LCI Melbourne cancels the course or where the commencement of the course is postponed more than one semester.

REFUNDS RESULTING FROM INTERNATIONAL STUDENT WITHDRAWALS

An enroled international student withdrawing from a course or units of study, whether before or after the census date, should give written notice of their withdrawal, the reason/s why and any supporting documentation to the Student Services Manager. Students wishing to alter their enrolment should complete the Student Enrolment Variation form. Students wishing to withdraw from the course entirely should complete the Notification of Student Withdrawal form. Both forms are available from the General Office. Where an international student withdraws before the commencement of a course, all tuition fees will be refunded in full less a withdrawal fee.

HOW TO APPLY FOR A REFUND

To apply for a refund, students should complete a Student Enrolment Variation form notifying of their withdrawal from a course or specified units. A refund application is included in the withdrawal notification. In accordance with the provisions of this policy on tuition fee refunds LCI Melbourne will, within 28 days of receipt of written notification of withdrawal, refund fees paid.

CANCELLATION OF ENROLMENT ARISING FROM STUDENT DEFAULT

A cancellation fee of 100% of the current semester fee applies where a student’s enrolment is cancelled in one or more of the following circumstances:

• The course starts at the location on the agreed starting day, but the student does not start the course on that day (and has not previously withdrawn);
• The student withdraws from the course at the location (after the agreed starting day)
• Breach of a condition of their student visa, including failure to maintain satisfactory course progress
• Failure to pay course fees
• Behaviour in breach of LCI Melbourne’s Student Code of Conduct, published in the Student Handbook.

CANCELLATION OF ENROLMENT ARISING FROM VISA REFUSAL

LCI Melbourne agrees to refund within 28 days, and without deduction, all fees paid where the student provides certified evidence that their application for a student visa was refused by the Australian immigration authorities.

Should a student change visa status (eg becomes a permanent resident) full overseas student’s fees will be payable for the duration of the current study period. Thereafter, if the student's new status permits them to be charged domestic student tuition fees, these will be applied.

COURSE CANCELLATION DUE TO PROVIDER DEFAULT

In the unlikely event that LCI Melbourne is unable to deliver your course in full, you will be offered a refund of all the course money you have paid to date regarding to all units that is unable to be delivered. The refund will be paid to you within 14 working days of the day on which the course ceased being provided. Alternatively, you may be offered enrolment in another course by LCI Melbourne at no extra cost to you. You have the right to choose whether you would prefer a full refund of course fees, or to accept a place in another course. If you choose placement in another course, we will ask you to sign a document to indicate that you accept the placement.

If LCI Melbourne is unable to provide a refund or place you in an alternative course, the Commonwealth Government’s Tuition Protection Service (TPS) will ensure you are able to either complete your studies in another course or with another education provider, or receive a refund of unspent tuition fees. Further information is available at www.tps.gov.au.

If a student wishes to appeal a decision regarding their application for a refund they should access LCI Melbourne’s Grievance Procedures: Non-Academic Matters.

PRIVACY

Personal information collected by LCI Melbourne is protected by a number of pieces of privacy and privacy-related legislation:

• The Information Privacy Act 2000 (Victoria)
• The Health Records Act 2001 (Victoria)
• The Charter of Human Rights and Responsibilities Act 2006 (Victoria)
• The Privacy Act 1988 (Commonwealth), including the Australian Privacy Principles
• Security of Information

SECURITY OF INFORMATION

LCI Melbourne’s web environment, internal network and databases are protected from unauthorised access using current technologies.

DATA LCI MELBOURNE COLLECTS

Information is gathered and managed by LCI Melbourne for the purposes of aiding the organisation to meet its objectives and regulatory requirements.

Personal information will only be used for the purposes for which it has been provided. Email addresses will not be added to a mailing list, unless specifically provided for the purposes of subscribing to a mailing list.

LCI Melbourne will record a user's email address when information has been provided by consent or if an email message is sent to LCI Melbourne.

Where a choice is made to send LCI Melbourne information that includes personal details, LCI Melbourne may collect and store personally identifiable information, such as name, address and email address and other contact or request details.

The information collected by LCI Melbourne, including email or electronic forms, will be used only for the purpose for which it is provided, and will not be disclosed without consent, except where authorised or required by law. It is unlikely the records LCI Melbourne holds that contain personal information will be disclosed to any overseas recipients.

Student records information provided by way of application, enrolment, attendance or assessment will be stored and made available in accordance with LCI Melbourne’s policy and procedures for confidentiality of student information.

Where information is provided for the purposes of requesting a printed copy of a publication, it is implicit that approval has been furnished to distribute the information to a third party mailing house where necessary to fulfill the request. LCI Melbourne may also use the information to measure trends in publications ordering activity, which assists in producing better information for users. The details of the information received electronically may be used as part of this overall measurement; however, it is in no other way attached to any personal details.

PUBLISHING PERSONAL INFORMATION

LCI Melbourne will only publish personal information with the express knowledge of the user and if consented in writing to the disclosure. It should be recognised that information published on LCI Melbourne website is possibly accessible by millions of users globally, that it will be indexed by search engines and that it may be copied and used by any web user. This means once the information is published on LCI Melbourne website LCI Melbourne will have no control over its subsequent use and disclosure.

OTHER DATA LCI MELBOURNE COLLECTS

When a visit is made to LCI Melbourne website, the server provider makes a record of the visit and logs the following information:

• user’s server address
• user’s top level domain name (eg, .com, .gov, .au, .uk)
• date and time of visit to the site
• pages accessed and documents viewed
• previous site visited
• type of browser used

The data listed above is collected for the following purposes:

• website and system administration, including monitoring to prevent security breaches
• enhancement of the website to better meet users' needs research and development.

No attempt will be made to identify users or their browsing activities, except in the unlikely event that a law enforcement (or other Government) agency exercises a legal authority to inspect ISP logs (for example, by warrant, subpoena, or notice to produce).

COOKIES

A cookie is a small amount of information stored on a user's computer by the website server. It is information that a user's web browser sends back to LCI Melbourne’s website server whenever the user visits it again. Cookies are used to remember the user's browser between page visits. In this situation, the cookie identifies the browser, not the user personally. No personal information is stored within the cookies. You can configure your internet browser to accept all cookies, reject all cookies or notify you when a cookie is sent. Please refer to your internet browser's instructions or help screens to learn more about these functions.

ACCESS TO YOUR PERSONAL INFORMATION

LCI Melbourne will, upon your request, and subject to applicable privacy laws, provide you with access to your personal information held by us, consistent with our confidentiality of student information policy and procedures. However, we ask that you identify, as clearly as possible, the type/s of information requested.

LCI Melbourne will deal with your request to provide access to your personal information in a reasonable time – usually within 30 days of receipt of your request. There is no charge for lodging such a request but we may recover from you our reasonable costs incurred in supplying you with access to this information.

In certain circumstances, the law permits LCI Melbourne to refuse your request to provide you with access to your personal information. Factors affecting your right to access include where:

• access would pose a serious threat to the life or health of any individual
• access would have an unreasonable impact on the privacy of others
• the request is frivolous or vexatious
• the information relates to a commercially sensitive decision making process
• access would be unlawful
• access may prejudice enforcement activities, a security function or commercial negotiations.

LINKS TO OTHER SITES

This Privacy Statement applies only to LCI Melbourne and not to other companies' or organisations' websites to which it may be linked. We encourage you to read the privacy statements of each and every website that collects personally identifiable information.

CORRECTION OF ERRORS

If you believe that any information about you that LCI Melbourne has collected is incorrect, please contact the Administration Office. Students are also given limited access to their online student records and can amend key information directly.

COMPLAINTS

If you believe LCI Melbourne has breached its privacy policy or its legislated responsibilities, you may lodge a complaint via LCI Melbourne's Grievance Procedures: Non-Academic Matters. Details are available below.

FURTHER DETAILS

Should you require more specific details concerning our privacy practices please contact the Administration Manager.

Alternatively you can obtain further general information about Victorian privacy legislation from the Commissioner for Privacy and Data Protection by phoning (03) 8619 8739, by visiting its website at www.cpdp.vic.gov.au or by writing to:

Commissioner for Privacy and Data Protection PO Box 24014 MELBOURNE VIC 3001

You can obtain further general information about the Commonwealth Government's privacy legislation from the Office of the Australian Information Commissioner by phoning 1300 363 992, by visiting its website at https://www.oaic.gov.au/ or by writing to:

The Office of the Australian Information Commissioner
GPO Box 5218,
SYDNEY NSW 2001

GRIEVANCE PROCEDURES

Students who believe they have been unjustly treated or have a serious complaint may access LCI Melbourne’s grievance procedures. If the complaint relates to assessment and examinations, credit, recognition of prior learning, course transfer, minimum course component, timetables and other academic matters see Grievance Procedures: Academic Matters. For complaints arising from issues including fees and charges, student loans, enrolment, scholarships, graduation, student discipline including sexual harassment, LCI Melbourne staff or personal information, see Grievance Procedures: Non-Academic Matters.